The Report made to the Honourable Houſe of Commons, by the Com­miſſioners appoined to enquire into the Forfeited Eſtates of Ireland, Decemb. 15. 1699.

1. ACcording to the powers given us by a late Act of Parliament, made in the 10th and 11th years of his Majeſty's Reign, intitled, An Act for grant­ing his Majeſty the ſum of one million four hundred eighty four thouſand and fifteen pounds one ſhilling eleven pence three farthings, for disbanding the Army, providing for the Navy, and for other neceſſary Occa­ſions; we have enquired into and taken an account of the Forfeited Eſtates in Ireland, and do humbly lay be­fore your Honours this our following Report, as the re­ſult of our Proceedings.

2. But firſt we muſt humbly crave leave to repreſent to your Honours the many difficulties we have met with, which we fear may render our Enquiry leſs ſatisfactory than otherwiſe it might have been.

3. It is uſual for the General Governours of this King­dom, when they are removed from their Imployments, to carry away the Books and Papers relating to their2 proceedings during their Government: which we ap­prehend may have been ſome hindrance to our En­quiry.

4. Soon after the Battel of the Boyne, Commiſſioners of Forfeitures were appointed under the Great Seal of Ireland, who ſubſtituted Commiſſioners in the ſeveral Counties then in his Majeſty's poſſeſſion; theſe Sub-Commiſſioners acted very vigorouſly, and made returns of great quantities of Goods forfeited, but ſeveral of the Books we were not able to get, which was a great diſadvantage to our proceedings; thoſe Returns having been made whilſt the miſchiefs were freſh, and the re­ſentments high between Proteſtants and Papiſts, and conſequently with leſs favour than hath ſince been ſhewn.

5. Many Commiſſions for taking Inquiſitions have been iſſued both from the Chancery and Exchequer that are not ſped: others have been imperfectly taken, and worſe drawn up: ſome have never been returned, nor ſo much as the Records made up by the Eſcheator.

6. Great quantities of Land found in the Inquiſitions, have not been put in Charge to his Majeſty, nor appear in the Rent Rolls; and many Denominations appear in the Rent Rolls, of which no Inquiſitions were taken; and a great many other parcels of Lands are mentioned in the Grants which are neither mentioned in the In­quiſitions nor Rent Rolls; and ſome in the Sub-Commiſ­ſioners Books, that are found no where elſe; and there may be many more of which we can trace no footſteps.

7. As we cannot complain to your Honours of any di­rect diſobedience to our Authority, ſo we muſt take no­tice, that we had from few Offices that diſpatch which was neceſſary to the work we had the honour to be employed in: but whether this proceeded from any unwillingneſs to obey us, the multitude of other buſi­neſs, or the irregular methods of keeping their Books, we do not affirm.

8. Particularly the Books of the Commiſſioners of the Revenue relating to the Forfeitures, are ſo ill and con­fuſedly kept, as much delay'd us in our proceedings: but this we do not attribute ſo much to the Commiſſi­oners of the Revenue, as to the ſhifting this Enquiry from one Commiſſion to another; which has been done five times ſince the Battel of the Boyne: So that no Com­miſſioners (if they were diſpoſed to it) have been able to take any ſteady view of the Forfeitures, and digeſt them into Method.

9. By this means, we have been forc'd to examine ſuch vaſt bundles of Records and Volumes of other Papers, as have taken up much of that time which might have been employ'd in the examination of the values, and enquiring into the miſmanagement of the Forfeitures; which appear to us very great: tho by the diſtance of time, the agreement of the parties concerned, the death of ſome, the departure of others out of the Kingdom, moſt of the tracks are worn out; ſo that we found it very difficult, and in many caſes impoſſible, to come at a true information.

10. Beſides, there appeared to us a very great back­wardneſs in the people of this Kingdom to give any in­formation; which, in our humble opinion, does not proceed from any diſlike to the buſineſs of our Com­miſſion, or diſobedience to the Authority that ſent us, but from the fear of the Grantees and perſons in power, whoſe diſpleaſure in this Kingdom is not eaſily born: beſides, reports ſeem'd to us to have been induſtriouſly ſpread abroad and generally believed, that our Enquiry would come to nothing, and was only the effect of a ſudden Reſolution; which hinder'd many perſons from making conſiderable diſcoveries: but we humbly con­ceive if ſuch fears were removed, the Forfeitures would appear much greater.

11. Added to all theſe difficulties, our buſineſs it ſelf was ſo voluminous, and conſiſted of ſo many parts, that an4 exact Scrutiny into all the particulars could not have been made in a much longer time than we were confin'd to; but ſuch an account, as under theſe diſadvantages we were able to acquire, we do with all humility lay before your Honours.

12. The Perſons outlawed in England ſince the 13th day of February, 1688, on account of the late Rebellion here, amount in number to 75, and in Ireland to 3921, all which, with their Additions, and Counties in which they were Outlawed, appear in a Book delivered in with this Report, N. 1.

13. The Eſtates that the ſaid perſons, or any of them were poſſeſſed of, or intereſted in, either in Law or E­quity, ſince the 13th day of February 1688, that came to our knowledg; together with the Proprietors names, the number of Acres, the County and Barony in which they lye, the value of them per annum, and the total value, appear in a Book delivered in with this Report, N.; 2.

14. But the groſs number of all Acres belonging to Forfeiting Perſons in each County, the yearly and total value (eſteeming a Life at 6 years purchaſe, and an In­heritance at 13 years; which we apprehend to be at this time the value of the Lands of this Kingdom) appear to be as follows, viz.

All theſe Lands in the ſeveral Counties aforeſaid, as far as we can reckon by Acres, being added together make 1060792 Acres, worth per an. 211623 l. 6 s. 3 d. value total 2685130 l. 5 s. 9 d. (beſides the ſeveral De­nominations in the ſaid ſeveral Counties, to which no number of Acres can be added, by reaſon of the imper­fection of the Surveys) which we humbly repreſent to your Honours as the groſs value of all the Lands for­feited in Ireland, ſince the 13th day of February 1688.

15. Next we think it our duty to acquaint your Ho­nours, what proportions of theſe Lands have been re­ſtored to the old Proprietors, by virtue of the Articles of Limerick and Gallway, and by his Majeſty's favour.

16. Three Letters, one from her late Majeſty Queen Mary, of ever bleſſed Memory, dated the 15th of March 1691 / 2; to the Right Honourable the Lord Sdn-y, Sir Charles Porter Knight, and Thomas Lord C-n-ngs-by, then Lords Juſtices, and Chief Governours of this Kingdom; one other Letter from her ſaid late Majeſty, dated the 6th day of May, 1693, to the ſaid Lord Viſcount S-dn-y, then Lord Lieutenant, and General Governour of this Kingdom; and to the Privy Council there for the time being; and one other Letter from his Majeſty, dated the 24th day of May, 1694, to the Right Honourable6 Henry Lord C-pel, Sir Cyril Wich Knight, and William Duncombe Eſq then Lords Juſtices of this Kingdom; and to the Privy Council there for the time being, were ſeve­rally ſent unto them; empowering them to hear and de­termine the Claims of all perſons pretending to be within the Articles of Limerick and Gallway: and in purſuance of the ſaid Letters, 491 perſons were adjudged within the Articles aforeſaid. The names of which perſons, with their Additions, and times of their Adjudications, ap­pear in a Book delivered in with this Report, N. 3.

17. Afterwards, a Commiſſion dated the 25th day of February, in the 8th year of his Majeſty's Reign, paſſed under the great Seal of Ireland, impowering the Judges of the ſeveral Courts here, or any five of them, to hear and determine the Claims aforeſaid: And in purſuance of that Commiſſion, 792 perſons were adjudged within the Articles aforeſaid. The names of which perſons, with their Additions, and the times of their Adjudica­tions, appear in a Book delivered in with this Report, N 4.

18. The Eſtates that the perſons have been reſtored to by virtue of their Adjudications, contain 233106 Acres of Land, amounting in yearly value to 55763 l. 6 s. 6 d. value total 724923 l. 4 s. 6 d. The particular number of Acres belonging to perſons adjudged, the County and Barony in which they lye, with the yearly value, and what the whole Intereſt is worth, appears in the Book N. 2.

19. And here we preſume not to judg, whether the Letters from his Majeſty, or the late Queen, to the Lords Juſtices, did give them any legal authority to ſummon the Subjects from all parts of the Kingdom, give Oaths, adjudg without Jury, and levy Money under the name of Fees; (we finding no Act of Parliament to warrant the ſame) which we humbly ſubmit to your great Wiſ­dom.

20. Further, we think it neceſſary to inform your Honours, that the Fees in the ſaid Courts were ſo extra­vagant, that Mr. Palmer (who acted as Regiſter in the right of Mr. Poultney, and divided the profits with him) demanded of Mr. Luke Dillon, for the Fees of his Fa­thers Adjudication, eighty ſix pounds; and Mr. Steel, Cryer of the Court, fifteen pounds more. Nor could Mr. Dillon get out the order to reverſe his Fathers Out­lawry till he had paid fifty two pounds in ready Money to Mr. Palmer, and gave him his Bond for fourteen pounds more; and had paid Mr. Steel five pounds, beſides ten pounds which he had paid Mr. Palmer for Orders; the Cauſe being continued in the Court near two years. Nor was this a ſingle caſe, for many more have paid great Summs of Money on the like account, the charge of entring a Claim only before we acted in our Commiſſion being near five pounds, tho by expreſs words in the Articles of Limerick, no perſon ought to pay any Fees, but to writing Clerks.

21. We may add to this, that the proceedings of the Court of Claims are almoſt univerſally complained of, and we fear with too much reaſon. Some perſons having been adjudged without poſting their Claims, o­thers within a day or two after, before the Kings Coun­cel or Witneſſes could be ready; which was contrary to the Rules of the Court it ſelf, that required fourteen days between the poſting every Claim, and the Adjudi­cation. It was alſo obſervable, that if any perſon would diſclaim his Eſtate, he met with very little difficulty in being adjudged, tho afterward there could be no ob­ſtacle in the reverſing his Outlawry; and conſequently to be reſtored to his Eſtate. In general, it ſeems to us, that there have been great miſcarriages in the ſaid Court, and that in many caſes the Articles of Li­merick and Gallway have been expounded too benefi­cially in favour of perſons Outlawed, and often on the oath of one witneſs, who, we humbly conceive, can­not8 not be convicted of Perjury, either by common or Statute Law. By this means, we apprehend a great many perſons have been reſtored to their Eſtates, that upon review would be found to belong to his Majeſty. To come to a more particular knowledg of which, we ſent to the ſaid Mr. Palmer for the Minutes of the Adjudications; but he having taken them in Short­hand only, and never ſince tranſcribed them, we could not get ſuch an account, as was ſit to lay be­fore your Honours. We ſhall only take notice of one thing that ſeems to us very extraordinary, that more perſons were adjudged within Articles ſince the Com­mencement of our Enquiry, than had been ſince the making of the ſaid Articles.

22. Next we are to acquaint your Honours what E­ſtates have been reſtored to the old Proprietors, by Re­verſal of Outlawries, or his Majeſty's Pardon.

23. The Reverſals are of two ſorts, ſuch as have been in purſuance of Adjudications, all markt in N. 3 and 4, in diſtinct Columns for that purpoſe: the Eſtates reſtored by Reverſals are already computed under the conſideration of perſons adjudged.

24. The other ſort are ſuch as have been reverſed by his Majeſty's or the late Queen's Letters, or Orders to the Lords Juſtices; which with all Pardons, and the conſiderations inducing the ſame, paſt ſince the De­feat at the Boyne, amounting to ſixty five, appear in a Book delivered in with this Report, N. 5. The Eſtates reſtored to the ſeveral Perſons pardoned, or that have their Outlawries reverſed by his Majeſty's favour, contain 74733 Acres, worth per An. 20066 l. 8 s. 3 d. value total 260863 l. 7 s. 3 d. The particulars thereof, what Eſtate belongs to each perſon, in what County and Barony it lies, what is the yearly and total value, appear in the Book N. 2.

25. And here we think it proper to take notice to your Honours, that as well by the general report of9 the Country, as by ſeveral Obſervations of our own, it appears probable to us, that many of the perſons a­foreſaid, have obtained his Majeſty's Favour, by gra­tifications to ſuch perſons as have abuſed his Majeſty's Royal Compaſſion. But when we touch'd on this ſub­ject, we found difficulties too great to be overcome, moſt of theſe matters being tranſacted in private, and with Perſons out of this Kingdom; however, we ſhall lay before your Honours ſome inſtances, where it ap­pears to us, that Mony has been given to reſtore perſons forfeiting to their Eſtates.

26. The Right Honourable the Lord B-ll-w, releaſed a Statute Staple of 1000 l. principal Mony, and ſeven or eight hundred pounds Intereſt to the Lord R-by (which was due from Sir William W-ntw-rth, Father to the preſent Lord R-by, to the Lord D-l-ke, Father to the preſent Lord B-ll-w) in conſideration that he would uſe his Intereſt with his Majeſty to procure his Pardon, which he did accordingly, and his Pardon ſoon after paſſed; he alſo releaſed to the Lord R-mny, all the profits of his Eſtate, which his Lordſhip had enjoyed near three years, amounting to about as many thouſand pounds, in conſideration his Lordſhip would not give him any moleſtation in paſſing his Pardon.

27. John Kerdiff, of Kerdiffſtown in the County of Dublin Gent. gave to Mrs. Margaret Ʋniack 200 l. or thereabouts, to make uſe of her Intereſt with the Lord R-mny, to obtain his Majeſty's Letter, to have his Outlawry reverſed; which was accordingly done, the the particular caſe of this Man deſerved Compaſ­ſion.

28. Sir John Morris paid to Mr. Richard Ʋniack five hundred pounds, whereof three hundred pounds were paid to Mrs. Ʋniack, for her Intereſt in the Lord R-mny to procure his Pardon, which was accordingly done.

29. Henry Morris Eſq gave one hundred pounds to Mrs. Margaret Ʋniack to obtain his Majeſty's pardon, which was accordingly done.

30. John Huſſey of Leiſtip, Eſq upon his being in­formed by Mr. Bray and Mr. Roſcoe, Agents to the Lord Athl-ne, that he would not get his Outlawry re­verſed, without giving him a general Releaſe of all de­mands to the Lord Athl-ne, he did it, whereby a Mort­gages of three hundred pounds, which he had upon the Lord L-mr-ck's Eſtate, then in grant to the Lord Athl-ne, was releaſed; who appeared not to us to have known of the ſaid Mortage, or to have had any benefit thereby.

31. Edmund Roch, Gent. gave Mr. Richard Darling, Agent to the Lord R-mny, five hundred pounds, for his Intereſt in procuring his pardon, which by the means of the Lord R-mny was obtained (as we be­lieve.) But the ſaid Roch was outlawed on the Sta­tute of Foreign Treaſons, tho never out of the King­dom.

32. John Bourke Eſq commonly called Lord B-ph-n, agreed to pay 750 l. to Mr. Andrew Card, for the uſe of the Lord Alb-m-rle, in conſideration he would pro­cure his Majeſty's Letter to have him reſtored to his Eſtate and Blood; three hundred pounds of the ſaid Money was to be paid when he was reſtored to his Eſtate, and the reſidue ſome time after. In purſuance of the ſaid Agreement, a Letter was ſent to the Lords Juſtices, to be communicated to the Commiſſioners of the Court of Claims, in favour of the Lord B-ph-n, in order to have him adjudged within the Articles of Gallway; but nothing being done thereon, it was a­greed that a Bill ſhould be tranſmitted into England, in order to paſs into a Law in Ireland, to reſtore the Lord B-ph-n to his Eſtate and Blood; the conſideration ſuggeſted in the Bill was to educate his Children in the Proteſtant Religion, and let his Eſtate to Prote­ſtants. 11It was further provided in the ſaid Bill, that nine thouſand pounds ſhould be raiſed upon the ſaid Eſtate for payment of Debts, and a certain part of the ſaid Eſtate appropriated for the maintenance and proviſion of his Children; but in reality 7500 l. of the ſaid Mo­ney was to be paid to the Earl of Alb-m-rle, and the remainder (as we believe) to the perſons concerned in negotiating the ſaid Agreement. This Bill was brought into the Houſe of Commons of Ireland, but the Agree­ment taking wind, and the Houſe reſenting that their Authority ſhould be made uſe of to ſupport ſuch a clandeſtine bargain, and finding ſeveral allegations in the ſaid Bill falſe, they rejected it. Afterwards a new agree­ment was made, viz. that there ſhould be a Grant to the Lord R-ſs in truſt, that the Money to be ad­vanced for procuring the ſaid Grant, ſhould be firſt raiſed out of the Eſtate, and next, that the Profits ſhould be applied to the payment of Debts, and after to the uſe of the Family of Clanrickard. In purſuance of the Agreements aforeſaid, a Letter was procured from his Majeſty, and three thouſand pounds paid to Thomas Brodrick Eſq for the benefit of the Lord Alb-m-rle.

33. Having now laid before your Honours an ac­count of all the Eſtates belonging to perſons outlawed ſince the 13th day of February 1688. and alſo what Eſtates have been ſince reſtored by Articles, and what by his Majeſty's favour, we will proceed to acquaint your Honours what Grants have been made, and alſo what Cuſtodiums are yet in being of any of the ſaid Eſtates, and to whom.

34. There have paſt ſince the Battle of the Boyne under the Great Seal of Ireland, 76 Grants and Cu­ſtodiums; a Book whereof, with the dates of the Letters Patents, and the Conſiderations, we have de­livered in with the Report N. 6. Some of the moſt conſiderable Grants we here particularly lay before12 your Honours, the number of Acres and Conſidera­tions.

35. To the Right Honourable the Lord R-mny 3 Grants now in being, containing 49517 Acres, in conſideration of Services done.

36. To the Right Honourable the Earl of Alb-m-rle 2 Grants now in being, containing 108633 Acres in Poſſeſſion and Reverſion, in conſideration of ſervices done.

37. To William B-nt-nck Eſq commonly called Lord W -- dſt-ck, 135820 Acres of Land; no particular conſi­deration mentioned in the Grant.

38. To the Right Honourable the Earl of Athl-ne 2 Grants, containing 26480 Acres, in conſideration of ſervices done in the reduction of Ireland.

39. To the Right Honourable the Earl of G-llw-y one Grant, containing 36148 Acres, in conſideration of ma­ny good and faithful ſervices by him performed.

40. To the Right Honourable the Earl of R-chf-rt 2 Grants, containing 39871 Acres, in conſideration of Services done.

41. To the Marquiſs of P-z-r 2 Grants, containing 30512 Acres, in conſideration of ſervices done.

42. To the Right Honourable the Lord C-n-ngsby 5966 Acres, with ſeveral Chiefrys, Tythes, and many Houſes in the City of Dublin, with 1000 l. Mortgage, in conſideration of Services done.

43. To the Right Honourable the Lord M-ntj-y 11070 Acres for 21 years, in conſideration of his Services done in the War of Ireland, the loſſes he ſuffered in his Eſtate, the Impriſonment of his Father in the Baſtile, and his being kill'd in the Battle of Steynkirk.

44. To the Honourable Thomas Keightly Eſq 2 Grants, containing 12381 Acres for 99 years, as a portion for his Daughter Mrs. Kaetherine Keightly, who was a dependant on her late Majeſty Q. Mary of ever bleſſed memory,13 and in conſideration of a penſion of 400 l. per ann. and his loſſesin the War.

45. To Colonel Guſtavus Hamilton 5382 Acres, where­of 1900 are no part of the Forfeitures; in conſideration of his great and early ſervice in the War of Ireland, his wading through the Shannon, and ſtorming the Town of Athlone, at the head of the Engliſh Granadeers.

46. To Dr. John Leſly 16077 Acres, in conſideration of his early ſervice in the War of Ireland, his great ex­pence in raiſing and arming conſiderable numbers of men, and fighting at the head of them in ſeveral Engage­ments.

47. To Thomas Pendergaeſt Eſq now Sir Thomas Pen­dergaſt Baronet, 2 Grants, containing 7082 Acres, upon the moſt valuable conſideration of his diſcovering a moſt barbarous and bloody Conſpiracy to Aſſaſſinate the King's Moſt Excellent Majeſty, to deſtroy the Liberties of Eng­land, and in conſequence the Proteſtant Religion through­out Europe.

48. To Mr. John Baker 1647 Acres, in conſideration of the great and memorable ſervices his Father Colonel Henry Baker performed in the defence of the City of Londonderry.

49. To Thomas Corry Eſq 2 Grants, one of a Mort­gage of 2000 l. in Fee of ſeveral Lands in the County of Wicklow, due to Sir Edward Scott from the Earl of T-r-ne; the other of 1725 Acres. The conſiderations mentioned in the Letters Patents, are, his Houſe being burnt, and his having furniſhed the Gariſon of Enniskilling with proviſions and materials to the value of 3000 l. at his own expence. But enquiring into the merits of this Gentleman, it appears to us, that he gave no aſſiſtance to the Gariſon of Enniskilling; that in the Town of Enniskilling he publickly declared, he hop'd to ſee all14 thoſe hang'd that took up Arms for the Prince of O­range; and his Houſe was burnt by the ſaid Gari­ſon.

50. The reſt of the Grants, with the former, appear in the Book N. 6. and are comprehended in the general values.

51. It is to be obſerved, that all the Acres mentioned in this Report, are meant Plantation Acres, which bear a proportion to Engliſh as 441 is to 264.

52. It is further to be obſerved, that the Eſtates above­mentioned do not yield ſo much to the Grantees as they are here valued at: for as moſt of them have abuſed his Majeſty in the real value of their Eſtates, ſo their Agents have impoſed on them, and have either ſold or let the greateſt part of them at great under value.

53. We are further to take notice, that moſt of the Lands in the ſeveral Grants aforeſaid, were granted un­der the Exchequer Seal in Cuſtodium for ſmall num­bers of years, or during pleaſure, either to the preſent Grantees, or other perſons; by which means very little profit of them hath accrued to his Majeſty. The great­eſt part of the Cuſtodiums are now expired, but thoſe few yet in being, appear in a Book at the lower end of the Grants, N. 6.

54. In the next place we humbly acquaint your Ho­nours with the ſeveral Incumbrances that affect the E­ſtates forfeited and not reſtored; and here we ſhall take notice of ſuch only as are found by Inquiſition, or have been allowed by his Majeſty's Court of Exchequer, moſt of which laſt, have been in purſuance of her late Ma­jeſty's Letter, dated_____to the Lords Juſtices of Ireland, which required, that all Proteſtants ſhould try the validity of their Incumbrances in the moſt ſpeedy manner, without ſubjecting them to dilatory or chargea­ble methods.

55. All the Statutes, Judgments, Mortgages, or other Debts, which appear to us as aforeſaid to affect the E­ſtates not reſtored, amount to 161936 l. 15 s. 6 d. the particulars whereof appear in a Book delivered in with this Report, N. 7. The reality of the ſaid incumbrances, which of them have been made upon a valuable conſi­deration, and what have been ſince diſcharged by Re­ceipt of Rents, or otherwiſe, we have had neither time nor opportunity duly to examine, but we humbly con­ceive there are many deductions to be made upon the fol­lowing conſiderations.

56. In all Judgments, and Statutes, we have ſet down the Penal Sums, not being able to know what Intereſt is due upon the ſeveral particulars.

57. It appears probable to us, that oftentimes the Judg­ment and Mortgage is for the ſame Debt.

58. It is probable, that many of the ſaid Judgments are only for performance of Covenants, and the defeazances remain in the hands of the Covenanters.

59. In many caſes, Proteſtants and Papiſts have been equally bound, and the whole Debt is demanded on the Lands of the forfeited perſons, tho there may be other ſecurity.

60. It does appear that many Deeds and Copies of Judgments were produced to the Juries in ſeveral Enqui­ries, and found without any proof of the execution of ſuch Deeds, or the conſiderations therein expreſ­ſed.

61. It is probable that in many caſes the Statutes and Judgments have been ſatisfied, and do not appear diſ­charged upon Record.

62. Many incumbrances have been bought up by the Grantees, their Agents, and Under-purchaſers, and oftentimes at ſmall values, and are kept on foot to cover the Eſtates, tho probably they might have16 over-paid themſelves by the Preception of Profits.

63. Many perſons have been put in poſſeſſion of the Lands incumbred, by virtue of her late Majeſty's Letter, and have received all or a great part of their Debts.

64. It is probable, that ſeveral of the Incumbrances have been taken in truſt for forfeiting perſons, and many others were entred into covenouſly.

65. In concluſion it appears to us, that all the con­trivances poſſible were made uſe of by ſome of the Grantees, or their Agents, to make the incumbrances ap­pear great, tho we believe if they were duly enquired into, they would be found conſiderable, but that a great part of them might have been paid off by the preception of Profits before this time: however we humbly con­ceive that at preſent they will be much more than diſ­charged, by the perſonal and other Forfeitures not be­fore valued, which we now humbly lay before your Honours.

66. As we informed your Honours before, ſoon after the Battel of the Boyne, Commiſſioners under the Great Seal of Ireland were appointed, who had power to ſeize and diſpoſe of the forfeited Goods and Chattels to his Majeſty's uſe; theſe appointed Sub-Commiſſioners in the ſeveral Counties then in his Majeſty's Poſ­ſeſſion, who made returns of great quantities of Goods and Chattels, which they valued at 13552 l. but at ſo moderate computations, that every Horſe was va­lued at twenty ſhillings, every Cow or Ox at fifteen ſhillings, Sheep at half a Crown a piece, and other things proportionably. So that it appears very proba­ble to us, that if the ſaid goods had been diſpoſed of to the beſt advantage, they might have yielded between two and three hundred thouſand pounds; but before that could be done, upon repreſentation of the then17 Commiſſioners of the Revenue, the Power of diſpoſing by the ſaid Commiſſioners of Forfeitures, was ſuperſeded by a Letter from his Majeſty within nine days after the granting their Commiſſion, and placed in the Commiſ­ſioners of the Revenue: By this means ſo much time was loſt before their Books and Goods ſeiz'd by the Sub-Commiſſioners could be transferred to the Officers of the Revenue, that the greateſt part of them were either em­bezeled by the Sub-Commiſſioners of Forfeitures, or the Commiſſioners of the Revenue; or elſe plundred by the Army at their return into Winter Quarters: ſo that it does not appear to us, that there was ever accounted for to his Majeſty above the value of 44000 l. Beſides theſe, there were great quantities of other Goods in the Inqui­ſitions, which we do not find ever came to his Majeſties uſe, and many more were ſeized by private Men. In­deed the Plunder at that time was ſo general, that ſome Men in conſiderable Employments were not free from it, which ſeems to us a very great reaſon why this matter has not been more narrowly ſearch't into; particularly the Lord C-n-ngsby ſeized a great many Black Cattle, to the number of Three Hundred or thereabouts, be­ſides Horſes that were left in the Park after the Battle of the Boyne, and which we do not find ever were ac­counted for to his Majeſty; he alſo ſeized all the Plate and Goods in the Houſe of Sir Michael Creagh (Lord Mayor of the City of Dublin for the year 1689) which are generally thought to amount to a great value, but this laſt is ſaid to be by Grant from his Majeſty; there were ſeveral Rich Goods and other Houſehold­ſtuff delivered by the Commiſſioners of the Revenue, to the then Lords Juſtices, the Lord S-dn-y and Lord C-n-ngsby, which we do not find were ever return­ed accounted for to his Majeſty, or left in the Caſtle at their departure from the Government.

67. Farther, there were ſeveral other quantities deli­vered by order of the Commiſſioners to Sir Charles Por­ter,18 Major General Kirk, and others, which have not been returned; and a great deal more by the Gene­ral Officers of the Army, which 'tis ſaid his Majeſty has ſince diſcharged.

68. If we may believe the general reports of the Country, very many perſons have made their advanta­ges of theſe Forfeitures; but the time was ſo diſtant, the Proofs ſo difficult, and withal the hopes of getting any part of them back again ſo remote, that we ra­ther choſe to proſecute more material enquiries, and therefore can give your Honours no farther information concerning them.

69. But ſince the values of the before mentioned Goods and Chattels are ſo uncertain, we make no eſti­mate of them, but will proceed to take notice of ſome debts due by Judgment, and Statute, and a few Mortgages due to forfeiting Perſons not reſtored; which amount to 120013 l. 13 s. 10 d. as appears in a Book delivered in with this Report N. 8.

70. And here it may be obſerved, that theſe Debts are liable to all the objections made againſt the Incum­brances before mentioned; only with this difference, that as the Incumbrances may be preſumed to be in a great meaſure ſatisfied by the preception of Profits, the Creditors being many of them in Poſſeſſion by her late Majeſties Letter in favour of Proteſtant Creditors, or at leaſt that the full Intereſt has been paid out of the Rents; So in the other, the full Penalty is due, no Intereſt ap­pearing to be paid ſince the Forfeiture, and therefore we humbly conceive may be taken as ſo much in Diſ­count againſt Incumbrances.

71. And here we crave leave further to obſerve, that almoſt all the ſaid Judgments were found in the Court of Exchequer only; and from a miſtake of our Orders, no return has been made from either of the Courts of Law; by which means we believe many more Debts appearing upon Record to be due to Forfeiting Perſons not reſtored may be omitted.

72. There are yet to be computed 297 Houſes in the City of Dublin, 36 Houſes in the City of Cork, with 226 Houſes Situate in the ſeveral Cities and Towns of this Kingdom, together with 61 Mills, 28 Fairs and Markets, 72 Rectories and Tythes, Chief-rents amounting to 283 l. per annum, and ſix Ferries and Fiſheries, lying within the ſeveral Counties and Baronies of this Kingdom; the Forfeitures of Perſons not reſtored: which we value in groſs at 5000 l. and place here among the perſonal Forfeitures, towards the diſcharge of Incumbrances; and if we add the Debts due to Forfeiting Perſons (as we humbly conceive) we ſhall fully diſcharge the Incumbrances aforeſaid; and if there were room to apprehend any deficience, yet the Chattels real of perſons comprehended within the Arti­cles of Limerick, which by the conſtruction of the ſaid Articles they were not to be reſtored to, would fully (as we apprehend) make up any defect that might remain after the allowances aforeſaid.

73. It appeared to us by our obſervations in the Coun­try, that a great part of the Lands call'd unprofitable in the Survey (except thoſe in Kerry, which we account as nothing) are now profitable Acres, and many of them as good Lands as any of the Kingdom; and tho they are not comprehended within our valuations, yet are in themſelves conſiderable.

74. We have computed the forfeited Eſtates according to the preſent value, and the current price of Coin here, were they now to be ſet, without any regard to bene­ficial Leaſes made before the Forfeitures; and becauſe we found it impoſſible either to come to a reaſonable know­ledg of the number of them, and which are real and fraudulently ſet up, we think it moſt proper to make a general allowance for the ſame, by way of diſcount on other particulars: and if all the unprofitable20 Acres be caſt in, it may near anſwer the difference of value the now beneficial Leaſes do make from the pre­ſent intrinſick value excluſive of them.

75. And leſt this allowance ſhould be thought inſuf­ficient, we humbly conceive the Woods of the King­dom now ſtanding on the Forfeited Eſtates not reſtored, may be worth Sixty thouſand pounds: which we be­lieve (if thrown in) will anſwer the difference, provi­ded ſome ſpeedy care be taken to prevent farther waſte.

76. But leſt our allowances on the particulars afore­ſaid ſhould not be eſteemed ſufficient, we throw in all denominations of Lands, to which we could an­nex no number of Acres, not receiving any light either by the Surveys, Commiſſioners Books, Inquiſi­tions, or our enquiries in the Country: and becauſe they are quantities of Land that vaſtly differ from one another, both in value and number of Acres, we make no certain eſtimate of them, tho it ſeems very probable to us, that they amount to Seventy or Eighty Thou­ſand Acres; which we humbly conceive will much more than anſwer all the deficiencies before mentioned.

77. And here we ſhall take notice of the general waſte committed on the Forfeited Woods of this King­dom, particularly on the Woods of Sir Valentine Brown in the County of Kerry, where to the value of twen­ty Thouſand Pounds has been cut down and de­ſtroyed: and the waſte on the Woods of the late Earl of Cl-nc-rtys Eſtate, now in Grant to the Lord W -- dst-ck, is computed at Twenty Seven Thouſand Pounds: And indeed ſo haſty have ſeveral of the Grantees, or their Agents, been in the diſpoſition of the Forfeited Woods, that vaſt numbers of Trees have been cut and ſold for not above ſix pence a piece: and the like waſte is ſtill continuing in many parts of this Kingdom, and particu­larly at this inſtant, the Right Honourable Sir John Hely Lord Chief Juſtice of the Court of Common Pleas here, and Peter Goodwyn, joint Purchaſers of the21 Lands of Feltrim within ſix miles of Dublin, of the Right Honourable the Lord C-n-ngsby, are now cutting down the very ornamental rows and Groves about the manſion Houſe: great waſte has been made, and yet is commiting on the Woods of Oſhaghneſſy in the County of Gallway, pur­chaſed by Toby Butler Eſquire for about 2500 l. which is valued to above 12000 l. and when we appoin­ted ſome perſons to view and value the ſaid Woods, the ſaid Toby Butler did proſecute them by Indictment for ſo doing.